손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Summary of the plaintiff's assertion
A. On June 2, 2011, C University, operated by the Plaintiff, settled the construction cost of Tel Comprehensive Construction Co., Ltd. (hereinafter “Tel Comprehensive Construction”) and the construction cost as KRW 52.69 billion on June 2, 2012 with respect to the International Exchange Center and Sports Center Extension (Secondary) (hereinafter “instant Construction”).
At the time, C University entered into a side agreement with the content of additional payment of KRW 1.4 billion in the name of reflecting "the loss, civil petition cost, and matters outside the construction" in the Ethel Comprehensive Construction according to the direction of the defendant who held office as president.
B. On November 16, 201, the Defendant, via D Co., Ltd. (hereinafter “D”), paid 32,300,000 won in lieu of the defect repair price and the overdue wages, and paid 697,77,000 won in total on July 21, 201 and November 16, 201.
C. D is a company established by C University for the purpose of entrusting the international exchange center and sports hall to a third party for profit, and entered into an entrustment contract with C University for the entrusted operation of the E Center with the deposit deposit amount of 5 billion won on the ground of D (hereinafter “D”), which is a real entrusted business entity, and paid KRW 1 billion to D University in lieu of paying deposit money to C University as deposit money.
After that, it is pointed out that the operation consignment agreement entered into between the plaintiff and the entrusted business entity D is inappropriate according to the result of the audit by the Ministry of Education, and the above entrusted management contract was terminated. Accordingly, the plaintiff has the obligation to return the deposit amount of KRW 1 billion paid from D.
E. Ultimately, the Plaintiff paid KRW 1 billion to TEL General Construction through D without a resolution of the board of directors through an agreement on the side part of the Plaintiff without justifiable grounds, or without normal accounting management.